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<br />F_.."C~:Z8 <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S ",PPROv AL <br /> <br />1. This contraCt shall not be deemcd. valid unlil il shall have been approved by the ContrOller of the 5141te of CololOldo or such :wisclIu as he may design:ue. This <br />provision is ~pp1iQble EO any conll"aCt involving the payment of money by the SQte. <br /> <br />FUND A V AILABILITY <br /> <br />1. FmaneW obligations of the Swc p~yable after the flSC:1l Yc:u" an: contingCRt upon funds for that purpose being appropriated. budgeted and otherwise made <br />available. <br /> <br />BOND REQUIRE."IENT <br /> <br />J. If this conU':lCt involved. the payment of more thnn fifty thollSand dollars for the construCtion. erection. repair. maintenance. or improvement of any building. read.. <br />bridge. viadua.. runnel. excavation or other public works for this Stilte. the contraCtor shall. before entering :he perfonnance of i1ny such work. included in this contraCt. <br />duly execute and deliver to ana file with the official whose signature appe:us below for the 5~te. a good :1I1d sufficient bond or other ac:c;eplable surety to be .JPproved <br />by said official in a penal sum not less than onc.half of the tOWamounl payable by the terms oflhis contnlCt. Such bond sh311 be duly execute by aqualificd corporate <br />suter)'. conditioned for the due and faithful pcnOrnw1Ce of the contr.lCt.:md in addition. shall provide that if the conttOlCtor or his subcontraCtors fail to duly pay {or any <br />labor. rrweri:lls. !c:un hire. sustenance. provisions. provendor or other supplies used or consumed by such conUilCtor or his subcOnmLCtor in performance of the work <br />contr:1CtCd to be done. the surety will pay the same in 311 amount not cxceeding the sum specified in the bond. together with interest at the r.ue of eight per cent per <br />3J\num. Unless such bond. when so required. is executed. delivered ~d filed. no claim in favor of the conU'3Ctor wing under this contr:lCt shall be audited. allowed or <br />paid. A cc:rtified or ashier's check or 3. bank money ordcr payable to the Treasurer of the State of ColorJ.do may be .3CCepted in lieu of a bond. This provision is in <br />compliance with 38-:6al06 CRS. 01S ounended. <br /> <br />INDEMNIFICATION <br /> <br />4, Tv the ~xtent authorized 1;Iy law. th~ cor.trnc:tc:r ~hall indemnify. sa\'~ and hold hannless the S(:Ite.l!s ~mployces ami agent... against any and all claims. cUmag:s. <br />liability and coun O1wards includiny co~ts. c:\!1Cnscs. and 3uomey fcC's incurred JS a re:oul\ Ilr' any act oramission by (he comr::l.ctor. or its employees. 3gents. subcontrnc::o~. <br />or as.c;ig:nce,\ pW'$u..;u\t to (he ti:r.ns of this conti.lct. <br /> <br />DISCRI~IlNA TION AND AFFIRMATIVE ACTION <br /> <br />S. The contr.l.ctor ag:ree~ to comply with the lettcr :md spirit of the Color.1do Antidiscrimin3(ion Act of 195i. as :unended. and other applic:lble law respec:mg <br />discrimin.:l.lion and unf3ir employment plOlc:lces (2~a3J.-l.02. CRS \9HH Replacement Vo!.l. and a..; required by E;\ecutivc Order. Equal Opportunity and Affirmative <br />Action. \bled April 16, 1~i5. Pursu::ml thereto. the following pro"I'iions shall be contained in all St:ue contracts or sUKommets. <br /> <br />During the perform.mce of this eonlDe!. the CoMtr:J.ctor agrees ll.'i follows: <br /> <br />(I) The cOllt.ac;tor will not discriminate :lgainst any employee or applicant for employment because of race. creed. ..::olor. national origin. sex. marital SCtus. religion, <br />ancestry. mental or physical ~andicap. or age. Th~ contr.lCtor will take affirmative action to in.c;urc th:u applicants:lrC employed. and th.lt employees are tre.3.te:i <br />during employment. without rcg~ to the above memioned characteristics. Such action shall include. but not be limited to the following: employment. upgmding. <br />demotion. or transier. recruitment or recruitment advenising: lay-offs or terminations:, r;ates of payor other fonns of compensation: and selection for tr.lining. <br />including apprenticeship. the contr.!l.'lor agrees to poSt in conspicuou.c; pi~es. available to employees and applicants for employmenL <br /> <br />~) The contractor will. in all solicit.ltions or 3dvenisemenlS for employee:> placed by or on behalf of the contractor. SQte that aU qualified :Ippiicants will receive <br />consider-aion for employment without regard to ~ce. creed. color. nationa! origin. sc;\. mariw St:l.lUS. religion. ancestry. mental or physical handicap. or age. <br /> <br />(3) The contractor will send to each labor union or rep~ent:uivc of workers with which he hozs collective b:1rgaining: :1greemCRts or other contract or understanding. <br />notice 10 be provided by the contraCting officer. actvcnising the labor union or workers' representative or the coMtf'3Ctor's commitment under the Executive Orde~, <br />E4ual Oppcoftunity :rod Affirmative Acnon. cb.tcd April! b. 1975. and of the rules. regulations. and relev:lnt Orde~ of the Governor. <br /> <br />loll The eOnft':lCtor and labor unions will furnish :111 infonn:ltion and rcpon:s required by E.'\ccutive Order. E4u::l.1 OpportUnity and Affirmative Action of April 16. <br />1975. and by the rules. rcgulation5 and Order.: ot the Govemor. or pursuant thereto.;md will permit ~ccess to his books. records. and 3CCOunts by the eontlOlcung <br />agency and the or'fi~c: of the Governor or his deSignee for pul"p(XCS of invesligation to asccruin compliance with such rules. regulations and orders. <br /> <br />(5, A !:lOOr organiZ:liion will not e:\clude:my individU:lI otherwil"C qualitied from full membership rights in such labor organiz:nions. or expel any such individual <br />from membership in .\uch I;aOOrarganizatlon or discriminate :1g:linst any of its member.; in the full enjoymenr of work opponunit)'. because aftumdiC:lp. race. c~c. <br />COIOf. .ie:t. ~ge. natlun;!1 anglO. or :&ncestry. ( :+-J~2l (l tell <br /> <br />t61 A labor nrg.aniUlion. or the employees or members thereof will nOI :ud. :lbc:t. in~ite. compel or coerce the doing at' any act deiined in this eontmct to be <br />dlM:nmlO:ltory Itr obstrucl any person from complying with the provisions of thiS contract Of any order Issued thereunder: or :J.ltempl either directly or tndirectly. to <br />commit any acl iJellned in thIS cantrolCl to be discnmmatory. ( ~.laJ4-J.02 t I) (el 1 <br /> <br />Reviset.l 5N 1 <br />J9SaSJ..OI-IO:2 <br /> <br />Page -1.-6 or ..lJ pages <br />